Coroner seeks change to treatment options of mentally ill

Saturday

May 18, 2013 at 12:01 AMMay 18, 2013 at 11:22 PM

BATON ROUGE — Now winding through the final weeks of the regular session is an amendment that would allow parish coroners, in concert with “interested parties,” to initiate court orders forcing people with mental illnesses and related histories of high-risk behavior to receive outpatient treatment.

Jeremy Alford Capitol Correspondent

BATON ROUGE — Now winding through the final weeks of the regular session is an amendment that would allow parish coroners, in concert with “interested parties,” to initiate court orders forcing people with mental illnesses and related histories of high-risk behavior to receive outpatient treatment.Adopted by the House Civil Law and Procedure Committee on Monday, the amendment was the product of three lawmakers who say it was initially requested by Dr. Victor Tedesco III, Terrebonne Parish's coroner since 1984. Tedesco pushed for the bill because of a personal relationship with a mentally ill person. The Courier is withholding that person's name because of the sensitive nature of the issue.The amendment, which was attached to Senate Bill 114 by Sen. Danny Martiny, R-Metairie, revises what is known as “Nicola's Law.” It's named for New Orleans police officer Nicola Cotton, who was killed by a man with a long history of violence and mental illness who frequently refused medication and treatment. Under the law, the director of a hospital, emergency receiving center or human services district can petition the court to involuntarily place such people in outpatient treatment. Martiny's amendment adds to the list “any interested person” who has written agreement from the coroner.Tedesco contends “any interested party” is a family member. “One of the problems with schizophrenics and other psychological conditions is noncompliance with medicine,” Tedesco said. “But they can be brought before a court, and the court can order them to take it.”Martiny's bill was originally introduced to allow only residents of Kenner, Jean Lafitte and Grand Isle to use video conferencing to complete protective custody forms with the Jefferson Parish coroner. Current law already gives coroners the authority to place certain individuals in protective custody to be transported for treatment; Martiny bill, as originally proposed, changes the way the orders are carried out.“Jefferson Parish runs all the way from Kenner to Grand Isle, and instead of having people from Grand Isle come all of the way up, this would allow them to do it by teleconference,” Martiny said.But at the urging of Rep. Joe Harrison, R-Napoleonville, who represents portions of Terrebonne Parish, the amendment to Nicola's Law was added this past week. “This will expedite a process coroners want to help people get the services they need and help the state address the growing challenges it faces with individuals who have mental illnesses,” said Harrison, adding that it would be widely applied statewide. Tedesco said Friday that if Martiny's law is passed and enacted Aug. 1, his office would “likely” be involved in a case where the provision could be applied.If enacted, the new provision would fit neatly into the duties of Louisiana's coroners as defined by law, which includes involuntary commitment investigations as well as viewing bodies, examining victims of rape, performing autopsies and issuing death certificates, among other responsibilities. Rep. Neil Abramson, D-New Orleans, chairman of the civil law committee, said during Monday's meeting that he had amended one of his own measures, House Bill 589, to address related concerns brought about by the local coroner. The bill was originally filed to host comprehensive revisions to the state's Code of Civil Procedure encompassing a large variety of issues.Tedesco said the amendment on Abramson's bill “corrects part of the law” that doesn't clearly define how “interdicted” people should be treated in relation to Nicola's Law. An interdiction is handed down by the courts when a legal process involving testimony and other evidence determines that an individual is unable consistently to make sound decisions. Martiny's amended Senate Bill 114 is scheduled next for debate on the House floor Wednesday. Abramson's revised House Bill 589 has already been passed by the House and is pending a hearing before the Senate Judiciary A Committee.